Cases on the CISG by courts and arbitral tribunals
of the People's Republic of China [*]
TEXT OF ARTICLE 99
(1) This Convention enters into force, subject to the provisions of paragraph (6) of this article, on the first day of the month following the expiration of twelve months after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, including an instrument which contains a declaration made under article 92.
(2) When a State ratifies, accepts, approves or accedes to this Convention after the deposit of the tenth instrument of ratification, acceptance, approval or accession, this Convention, with the exception of the Part excluded, enters into force in respect of that State, subject to the provisions of paragraph (6) of this article, on the first day of the month following the expiration of twelve months after the date of the deposit of its instrument of ratification, acceptance, approval or accession.
(3) A State which ratifies, accepts, approves or accedes to this Convention and is a party to either or both the Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods done at The Hague on 1 July 1964 (1964 Hague Formation Convention) and the Convention relating to a Uniform Law on the International Sale of Goods done at The Hague on 1 July 1964 (1964 Hague Sales Convention) shall at the same time denounce, as the case may be, either or both the 1964 Hague Sales Convention and the 1964 Hague Formation Convention by notifying the Government of the Netherlands to that effect.
(4) A State party to the 1964 Hague Sales Convention which ratifies, accepts, approves or accedes to the present Convention and declares or has declared under article 92 that it will not be bound by Part II of this Convention shall at the time of ratification, acceptance, approval or accession denounce the 1964 Hague Sales Convention by notifying the Government of the Netherlands to that effect.
(5) A State party to the 1964 Hague Formation Convention which ratifies, accepts, approves or accedes to the present Convention and declares or has declared under article 92 that it will not be bound by Part III of this Convention shall at the time of ratification, acceptance, approval or accession denounce the 1964 Hague Formation Convention by notifying the Government of the Netherlands to that effect.
(6) For the purpose of this article, ratifications, acceptances, approvals and accessions in respect of this Convention by States parties to the 1964 Hague Formation Convention or to the 1964 Hague Sales Convention shall not be effective until such denunciations as may be required on the part of those States in respect of the latter two Conventions have themselves become effective. The depositary of this Convention shall consult with the Government of the Netherlands, as the depositary of the 1964 Conventions, so as to ensure necessary co-ordination in this respect.
CODED OUTLINE OF ISSUES
Reproduced with permission of UNCITRAL
99A Date of entry into force (articles 99(1) & (2)
99B Denunciation of 1964 Hague Conventions on Sale (ULF & ULIS)
(articles 99(3),(4),(5)&(6))
DESCRIPTORS
Final provisions
CODED PRC CASE ANNOTATIONS
No China cases cited. FOOTNOTE * A global jurisconsultorium is the proper setting for analysis of uniform law jurisprudence. The volume of uniform law case law from China is large in comparison to the volume of uniform law case law from other countries. China is thus one of the most prominent contributors to world understanding of uniform law. To view the case law of China in the context of China's contribution to the global jurisconsultorium, go to 2,000 cases 7,500 case annotations. This will enable you to set PRC cases on this provision of the CISG alongside cases from courts and arbitral tribunals of sister signatories and other jurisdictions - helpful precedents all. 2,000 cases 7,500 case annotations also accompanies this jurisprudence with a global UNCITRAL digest of cases on this provision of the CISG and contains other relevant case annotations.
Pace Law School
Institute of International Commercial Law - Last updated April 6, 2007
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